Comments on Lovenox appeal from ‘tinker’
(a.k.a. dukeshaw on Yahoo VRTX board):
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Dew… in regard to your question…about the effect of the dissent, it has no effect. The dissent is just for that judge to have his say, and may be material if there is not a majority but only a plurality [not the case here—Dew]. Otherwise, the dissent has no legal effect.
The next appeal would be a certiorari to the U.S. Supreme Court. A very, very, long shot as the U.S. Supreme Court only accepts a small number of cases each year to review. But using the dissent as their ammunition, they may try to appeal it to the Supreme Court. Barring this, this case is over and done with.
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